Albertson’S Stores, Inc., & Specialty Risk Services Sandra K. Carnahan WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA K. CARNAHAN, Applicant,vs.ALBERTSON’S STORES, INC., & SPECIALTY RISK SERVICES, Defendant(s).Case Nos. GRO 0020213 ;GR00020214; GR00031041; GR00031829OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, defendant, and lien claimant Law Offices of Kathleen M. Ortega seek reconsideration of the June 7, 2007 Findings and Award, wherein the workers’ compensation administrative law judge (“WCJ”) found that applicant, while employed as a cake decorator on February 3, 1998. sustained industrial injury to her back, causing permanent disability of 41 percent after apportionment and need of further medical treatment. He found that applicant did not sustain injury to her ankle as a compensable consequence, that she did not sustain industrial injury to her psyche, and that she did not sustain a cumulative trauma in GRO 0020214. He denied defendant’s and applicant’s petitions to modify prior stipulations, and he dismissed GRO 0031829 and GRO 0031041. Defendant contends that the WCJ erred in denying its petition to terminate future housekeeping services, because the Board does not have the authority to award non-medical services as part of future medical care and because these services, even if applicant cannot perform them, are not medically necessary. Lien claimant contends the WCJ failed to rule on her liens for attorney’s fees and shipping costs, filed in November and December 2004. It is difficult to comprehend applicant’s contentions, but applicant, who is unrepresented, seems to contend that the WCJ “dismissed” GRO 0020214, the cumulative trauma claim, without considering any evidence; , that applicant’s Labor Code section 132a claim was not an issue to be resolved at the hearing and applicant expects a hearing on this matter; that the WCJ should not have ruled on the ank
Sandra K. Carnahan vs. Albertson’s Stores, Inc., & Specialty Risk Services
This case involves a dispute between Albertson's Stores, Inc., and Specialty Risk Services, and Sandra K. Carnahan, the applicant. Carnahan filed a workers' compensation claim for an injury she sustained while employed as a cake decorator on February 3, 1998. The Workers' Compensation Appeals Board granted Carnahan's petition for reconsideration and rescinded the June 7, 2007 Findings and Award. The matter was returned to the trial level for further proceedings and a new decision by the WCJ, consistent with the opinion.
- Filed On:
- Court: California, San Francisco
- Case No. GRO0020213
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